Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8818 of 2021 Petitioner :- Chanda Saroj And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioners and learned A.G.A.
Present writ petition has been preferred for quashing the FIR dated 29.7.2021 being Case Crime No.0125 of 2021 under Sections 366, 506, 120B IPC P.S. Bilariyaganj, Distt. Azamgarh.
Both the petitioners have stated that they are major and have married with each other out of their own free will and as such no offence under the aforesaid Section is made out.
Be that as it may, the writ petition is disposed of with a direction to the petitioner No.1 to appear before the Chief Judicial Magistrate concerned for recording her statement under Section 164 Cr.P.C., within a week from today. In the event the petitioner No.1 appears before the Chief Judicial Magistrate concerned within the stipulated period, the Chief Judicial Magistrate concerned shall record her statement under Section 164 Cr.P.C. and shall pass appropriate orders in accordance with law.
For a period of three weeks, no coercive action shall be taken against the petitioners.
Order Date :- 27.10.2021 SP/